The Democratic Party Participating in government and Political Affairs Committee

Chongqing Dadukou District Party committee member of CPPCC guest information

The Chongqing Dadukou District three branch director

The Chongqing municipal council member

Deputy director of Chongqing Hubang law firm Ma Linda

Several problems about the implementation of legal aid of Chongqing City

"Lawyers Law of the people's Republic of China" forty-second "lawyers, a law firm shall perform the obligation of legal aid in accordance with state regulations, and provide legal services to meet the standards for the recipient, safeguard the legitimate rights and interests of the person under the Legal Aid Ordinance", "" Chongqing city is practical for the law the rights of citizens and to develop a local laws and regulations. But so many years of practice, the following questions:

One, "the people's Republic of China Lawyer Law" provisions of article forty-second of the lawyers, law firms including the current aid nature and the social nature of lawyers, law firms, but the "Legal Aid Ordinance" Chongqing City provisions of lawyers and law firms aid properties, significantly reduce the statutory subject participation assistance, and third further stipulates that "the legal aid is the responsibility of the government." But the lawyers and law firms in the practice of social properties are involved in legal aid, but only to the lawyer's name to the legal aid institutions appointed implementation, does not facilitate the implementation of the legal aid society, is not conducive to the lawyers and law firms participate in.

Two, the legal aid cases with very few nature of the case, all need aid object provides due to financial difficulties has not entrusted agent or defender, this condition may apply for the government to bear the costs of the case, but for the society of lawyer and law firm is not necessarily applicable.

The payment or compensation unit standard three, legal aid agencies to legal affairs. Because of the large flow of labor resources, the acceleration of urbanization, the population flow faster, especially in the process of city, part of the administrative region boundaries dilute fuzzy, often increased by aid assistance cost, and even refused to aid.

In order to implement the support of legal aid, to make aid, especially proposed to amend the "Legal Aid Ordinance" in Chongqing City:

A, all the lawyers and law firms are classified as social assistance agencies, in accordance with the "law of the people's Republic of China" stipulates that the forty-second. The examination and approval procedures to report to the Department for the record by the County Bureau of justice assistance law firms, given by government subsidies for handling directly by the organizer.

Two, to the society of lawyers and law firms to provide legal aid cases, the lifting of the economic difficulties Shenyuan conditions, highlight the statutory obligation to society of lawyers and law firms. The contractor for the legal aid institutions case, cancel "Legal Aid Ordinance" of Chongqing City, tenth (four) request for payment of alimony, child support, maintenance and support needed to provide economic difficulties proof conditions, since such cases belong to "life" to recover the money, but also occurred in between the blood or kinship, not to cannot but, no request for legal assistance to recover, in the implementation of assistance should simplify procedures, immediate assistance.

Three, cancel "Legal Aid Ordinance" in Chongqing City, the provisions of article sixteenth. Because the legal aid institutions and social law, lawyer's case, no geographical restrictions, surrounded by reducing the recipient Shenyuan cost, the recipient can be to any aid agencies or social law apply, without distinction of regional scope.